Terms of Use

General:

Welcome to www.smckids.com/learnandearn (the “Site”), which is made available by BKFK (or “we” or “us”). We provide the Site and our various features, activities and Services (as defined below) to you subject to the following terms and conditions (“Terms and Conditions”), which may be changed or updated by us from time to time, by posting such changes on the Site. At any time, the most current version of the Terms and Conditions can be reviewed by clicking on the “Terms of Use” hyperlink located at the bottom of every page of the Site. Your continued use of any part of this Site constitutes your acceptance of such changes or updates. As a user of the Site for any and all purposes, you agree that you are doing so after first reviewing and agreeing to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site or any of the Services.

Any additional terms, codes of conduct, rules, instructions, and copyright, trade secret and other intellectual property notices posted in the footer of each page of this Site and/or at various other places on the Site are hereby incorporated into these Terms and Conditions, and collectively govern your use of the Site and constitute the entire agreement between you and BKFK, superseding any prior agreements between you and BKFK.

Description of Services:

BKFK may provide users of the Site with access to and use of various on-line resources and activities, including without limitation directory listings, Web-based management tools, forums, and other activities as well as branded and co-branded content (collectively, the “Service” or “Services”). These Terms and Conditions also will apply to any new or enhanced Services and new properties upon their being made available unless explicitly stated otherwise.

Registration Information:

When registration is required for your access to or use of the Site or a particular Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s or the particular Service's registration form (such information being the "User Information"), and to maintain and promptly update your User Information to keep it true, accurate, current and complete.

If you provide any User Information that is untrue, inaccurate, not current or incomplete, or if BKFK has reasonable grounds to suspect that any such User Information is untrue, inaccurate, not current or incomplete, BKFK may suspend or terminate your account and refuse any and all current or future use of the Site or a particular Service.

User Account ID and Password:

Upon completing registration to obtain access to certain features of the Site or a particular Service, you may receive a personal identification number or username, and password. You alone are responsible for maintaining your account password in confidence, and you agree that you are fully responsible for all activities that occur under your account and using your password.

You agree to immediately notify BKFK of any unauthorized use of your account password or User Information. You also agree to ensure that you LOG OUT from your account at the end of each session. BKFK cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions.

Submitted Materials:

BKFK does not claim ownership of any materials you submit to us or make available for inclusion on the Site or in any Services. However, with respect to any materials you submit or make available for inclusion on the Site or in the Site’s Services (including, for example, chat rooms or similar areas), you grant BKFK a perpetual, irrevocable, worldwide, royalty-free and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such materials (in whole or in part) and to incorporate such materials into other works in any format or medium now known or later developed. By submitting or sending materials to us, you: (i) represent and warrant that the materials are original to you, that no other party has any rights thereto, and that any "moral rights" in the materials have been waived. We cannot be responsible for maintaining any material that you provide to us, and we may delete or destroy any such material at any time.

Limits for Data Storage:

You acknowledge that BKFK may establish general practices and limits concerning use of the Site or any Services, including without limitation the maximum number of days that any Content uploaded by you will be retained by the Site, the maximum disk space that will be allotted on BKFK's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site or any Service in a given period of time. You agree that BKFK has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that BKFK reserves the right to log off or terminate accounts that are inactive for an extended period of time.

Non-Confidential Submissions to the Site and Services:

All Content that you upload, post, e-mail, transmit or otherwise make available via the Site shall be considered non-confidential, unless it is provided under the terms of a prior executed Confidential Disclosure Agreement separately executed between you and BKFK or between you and one of your “friends,” and then the obligation of confidentiality shall be only such as is expressed in the Confidential Disclosure Agreement. The disclosure of such non-confidential Content (“Non-Confidential Content”) must be understood to be purely voluntary, the disclosed Non-Confidential Content is not to be considered submitted “in confidence,” and no confidential relationship or obligation of confidentiality is to be established by such disclosure or implied from BKFK’s transmitting, routing, providing connections for, storing, caching, or its failure to do any of the foregoing.

Many parts of this Site, including many Services, are considered to be “public forums,” and no material or information that you intend to keep confidential should be posted or sent to BKFK by way of this Site or any of these Services by any party for any purpose without first executing a Confidential Disclosure Agreement. By sending or posting confidential information or materials to the Site, you could lose your right to intellectual property protection.

Those individuals or entities desiring to submit confidential information to BKFK and which require a Confidential Disclosure Agreement, are urged to request such Confidential Disclosure Agreement, either by mail, fax, or e-mail, from BKFK, and execute such agreement prior to submitting such confidential information to BKFK or its agents.

The individual or entity disclosing Non-Confidential Content surrenders any and all claims to the Content provided and releases and holds harmless BKFK and any and all individuals, principals, agents or entities associated with BKFK from any and all claims or direct and consequential losses attributable to such disclosed Non-Confidential Content, regardless of whether it was previously provided under the terms of a prior executed Confidential Disclosure Agreement. Those individuals or entities that disclose Non-Confidential Content represent that they have done so either at the direction or instruction of an attorney skilled in protecting intellectual property, or have chosen to forfeit the right to seek advice of counsel and release claim to the Non-Confidential Content.

Private or Sensitive Information on Public Forums:

It is important to remember that comments, or other information or Content, submitted to an area that is a “public” or open forum may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive personal information in your submissions or postings to any public forums.

Providers of Information and Content on the Site:

BKFK has no control over, and is not responsible for any of the information provided by any third party entity or individual providing Content on this Site, including, without limitation, any entrepreneur or inventor, especially as to compliance with applicable Federal or State intellectual property or securities laws and/or regulations. BKFK has not investigated, nor does it endorse, any of the entrepreneurs, inventors, companies, consultants, or any other service, information, content or product providers included herein nor has BKFK engaged in any effort to confirm the contended truthfulness of the information provided by said entrepreneurs, inventors, companies, consultants, or any other service, information, content or product providers. You acknowledge and agree that BKFK shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such third party site or resource.

Conduct of User:

You understand and agree that all information, data, text, software, code, illustrations, music, sound, photographs, graphics, video, messages or other materials (collectively "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BKFK, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Site or any Service.

In the course of your use of this Site or any Service, in addition to any other rules or regulations that we may post in connection with a particular Service or activity, you absolutely agree:

not to forge headers of postings, e-mails, or other communications or Content, or to otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service,

not to insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s Content, materials or Services, or use, redistribute, republish or exploit such Content, materials or Services for any further commercial or promotional purposes,

not to impersonate any person or entity, including, but not limited to, anyone from BKFK or the Site, such as an employee, forum moderator, guide or guest, or falsely state or otherwise misrepresent your affiliation with any person or entity,

not to obtain or attempt to obtain unauthorized access to computer systems, materials, information or any Services made available on or through the Site through any means,

not to use the Site or the Services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such Services, or any other user’s experience with the Site or such Services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests,

not to upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure or confidential disclosure agreements),

not to use the Site or the Site’s Services or features in violation of BKFK’s or any third party’s intellectual property or other proprietary or legal rights,

not to upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. You understand that such postings may violate laws of various jurisdictions, and that you may be subject to prosecution for doing so,

not to attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s Services, or any Content thereof, or make unauthorized use thereof,

not to obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site,

not to intentionally or unintentionally violate any applicable local, state, national or international law, or

not to engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any services or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the Site’s Services, including, without limitation, any information residing on any server or database connected to the Site or any of its Services."

Public Forums:

BKFK may, from time to time, make certain Services, such as messaging services, chat services, bulletin boards, message boards, blogs, other forums and other similar services available on or through the Site. In addition to that which is set forth above in the “Conduct of User” section, and in addition to any other rules or standards that we may post in connection with a particular Service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site or any of its Services, any materials or Content which:

restrict or inhibit any other user from using and enjoying the Site or the Site’s services,

constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law,

violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right,

contain a virus, spyware, or other harmful component,

contain embedded links, advertising, chain letters or pyramid schemes of any kind, or

constitute or contain false or misleading indications of origin, endorsement or statements of fact.

You alone are responsible for the content and consequences of any of your activities.

Right to Monitor and Editorial Control:

BKFK reserves the right, but does not have an obligation, to monitor and/or review all materials posted by users to the Site or through the Services, and BKFK is not responsible for any such materials posted by users. However, BKFK reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in BKFK’s sole discretion are objectionable or in violation of these Terms and Conditions, BKFK’s policies or applicable law. We may also impose limits on certain features of the Services or restrict your access to part or all of the Services without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our Terms and Conditions or applicable law, or for any other reason without notice or liability.

Reporting Violations:

Please report any violations of these Terms and Conditions to our Customer Support department.

Copyright Infringement Claims:

BKFK respects the intellectual property of others, and we ask our users to do the same.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to BKFK’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

a description of the copyrighted work that you claim has been infringed,

a description of where the material that you claim is infringing is located on the Site,

your postal address, telephone number, and e-mail address,

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law,

a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Users of the Site and any Service are to first read and understand the BKFK Privacy Policy, which is also incorporated herein by this reference. If you have any questions about the Privacy Policy, you may contact BKFK for assistance.

Grant of Copyright License in Software:

BKFK grants you a personal, nontransferable and non-exclusive right and license to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site or any Service.

As between you and BKFK, BKFK retains the copyright in all of the material on this Site and any or all viewable or downloadable documents, including but not limited to graphics, photographs, documents, software and PDF files, as a collective work under applicable copyright laws. You may not republish the information from the Site in books, online services, or any other media now known or later developed, and you may not reproduce, duplicate, copy, sell, resell, exploit or distribute such information or content, in whole or in part, for any commercial or other purpose without the express written permission of BKFK.

You may access and view the Content on the Site on your computer or other Internet compatible device, and you may print, reproduce and use the information in, and retrieve downloadable files containing software or images from the Site for your noncommercial, personal, or educational purposes only, provided that you do not modify such information, and that you include any copyright notice originally included with such information and this notice in all such copies.

Your use of the Site or any of the Services does not grant to you ownership of any Content you may access therein.

To obtain reprint permission or permission to republish, reproduce or distribute the Site content, please contact our Permissions Editor:

Please include your name, address and a description of the purpose of your intended distribution and identify the information you would like to distribute.

BKFK Trademarks:

The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site or on Content displayed or available through the Site are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.

The following Trademarks, which may be found on the Site, are property of BKFK Company:

By Kids For Kids™

BKFK™

The BKFK Logo

The Web domain, www.BKFK.com, and other domains owned by By Kids For Kids Company.

Termination:

BKFK may terminate, change, suspend or discontinue any aspect of the Site or the Site’s Services at any time. BKFK may restrict, suspend or terminate your access to the Site and/or its Services if we believe you are in breach of these Terms and Conditions or applicable law, or for any other reason without notice or liability. BKFK maintains a policy that provides for the termination in appropriate circumstances of the Site use privileges of users who are repeat infringers of intellectual property rights.

Use "As Is":

Your use of the Site, the Site’s Content and the Services is at your sole risk. The Site, the Site’s Content and the Services are provided on an "as is" and "as available" basis. BKFK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. You also understand and agree that BKFK assumes no responsibility for the timeliness, deletion, misposting, mis-delivery or failure to store any user communications or personalization settings.

No Warranty:

BKFK makes no warranty that: (a) the Site, the Site’s Content or the Services will meet your requirements, (b) Site, the Site’s Content or its Services will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Site, the Site’s Content or its Services will be accurate or reliable, (d) the quality of any products, Services, information, or other material which may be purchased, downloaded or otherwise obtained by you through the Site or any Services will meet your expectations, or (e) any errors in the software or any defects on the Site or in the Content or Services will be corrected. BKFK makes no, and expressly disclaims any, representations or warranties, express or implied, regarding the Site or any Services, including without limitation the accuracy, completeness, usefulness or reliability of text, graphics, links and other items accessed from or via this server or the Internet. BKFK also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.

Not Legal Advice:

Individuals using the Site understand and agree that nothing on the Site shall constitute legal advice or counsel, and that the individual must seek the advice and services of competent legal counsel of proper jurisdiction to obtain any legal advice.

Use of and Reliance on Content:

All materials, Content and resources presented on or accessed through the Site are provided by BKFK as a service to its visitors and readers and may be used for information purposes only. BKFK assumes no responsibility for errors or omissions in these materials. BKFK makes no commitment to update the information contained herein. No advice or information given by BKFK, its affiliates or their respective employees, agents or independent contractors, whether oral, written or otherwise obtained by you through the Site, shall create any warranty not expressly made herein, nor will it create any attorney-client relationship or other substantive business or advisory relationship.

You agree that you are responsible for evaluating, and you agree to bear, all risks associated with the use of any of the Site’s Content and Services, including any reliance on the accuracy, completeness, or usefulness of such Content or Services available to users of the Site. Consequently, you acknowledge that you may not rely on any Content created by BKFK or submitted to BKFK via the Site or the Services by third parties, including without limitation information that may be included in message boards, chat rooms, webzine articles, and in any other parts of the Site or Services.

In addition, because BKFK.com has the right, but not the obligation, to control and edit content provided by a third party prior to transmission on Site, or to remove inappropriate or unlawful content after transmission, third party postings may or may not be reviewed for truth or accuracy and do not represent the opinion, beliefs, or statements of BKFK.

Release of BKFK:

BKFK, its officers, directors, employees, shareholders, successors or heirs (the “Protected Entities”) shall in no event be liable for any claims, damages or related expenses or liabilities, including but not limited to indirect, incidental, consequential, special, general, exemplary or punitive damages, arising from, or directly or indirectly related to: (a) the use of, or the inability to use, the Site, the Services or the Content, materials and functions relate thereto, your provision of information via the Site or any Services, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages; or (b) an actual or potential venture with, investment in, purchase of services or products from, or business financing arrangement with any entity that may have appeared on, offered goods or services through, or was contacted as a result of, Content on the Site or represented by BKFK, or for any misprints or inaccuracies that may be found to exist at Site.

All visitors to and users of the Site and the Services also agree that he/she shall not sue or impute a claim against a Protected Entity in respect of any expenses or liabilities. By using the Site or any of the Services, you expressly release BKFK, its officers, directors, employees, shareholders, successors or heirs from liability for any such claims, expenses or liabilities.

Indemnification:

You agree to defend, indemnify and hold BKFK and its directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or any Services, your placement or transmission of any message, Content, information, software or other materials available on or through the Site or any Services, or your breach or violation of the law or of these Terms and Conditions. BKFK reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with BKFK’s defense of such claim.

Terms Governing International Use:

We control and operate the Site from our offices in the United States of America. We do not represent that materials or Content on the Site are appropriate or available for use in other locations. Persons who choose to access the Site or Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any information collected through this Site will be transferred to and processed within the United States of America.

Advertisers:

Advertisers of goods or services on the Site agree that the maximum recovery for any claim, or for any and all claims they may have against BKFK shall not exceed the actual cost of the advertisement or space lease. However, before lodging such claim, you, as such an advertiser, agree to allow BKFK to correct or change any inaccuracy or misprint and provide the same space for the same time or number of exposures as originally contracted for in lieu of any other remedy. Relationships of any kind which result between advertisers and users of the Site is solely between the advertiser and user. All users of the Site agree that BKFK shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

Directory Listings and Third Party Web Sites:

BKFK provides a comprehensive directory listing of third party websites which we feel constitute valuable and useful resources for users interested in the broad aspects of invention. Such directory listings are intended to appeal to a wide audience. Thus, if you are a parent or legal guardian of a child under the age of 13, you are encouraged to review the contents of the Site and such directory listings and determine whether this content is appropriate for your child.

You also may be able to link from the Site to third party web sites and third party web sites may link to the Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. Any reliance on the contents of a Linked Site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

Linking to the Site:

Other Internet Web sites may freely provide hypertext or "Hot Links" to the home page of the Site, provided that they are not “deep” links (i.e., links other than to the home page of the Site), and provided further that they are not “framed,” surrounded or obfuscated by other non-BKFK content, materials or branding. We may insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other Web site at any time upon written notice to you.

Governing Law, Miscellaneous:

These Terms and Conditions and the relationship between you and BKFK shall be governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions. You and BKFK agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New York, State of New York. All parties to these Terms and Conditions waive their respective rights to a trial by jury. The failure of BKFK to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or any Service or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.